Michael K. Berry - Page 44

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         documentation to support the business deductions claimed on the              
         return.  There is no record evidence to support that assertion,              
         and, even if there were, we are not persuaded that petitioner’s              
         preoccupation with establishing a new business would constitute              
         reasonable cause for failure to file timely his 1999 return.  See            
         Polsby v. Commissioner, T.C. Memo. 1998-459; Estate of Bevan v.              
         Commissioner, T.C. Memo. 1989-256.                                           
              We uphold respondent’s determination that petitioner is                 
         liable for the addition to tax under section 6651(a)(1) for                  
         failure to file timely his 1999 return.  The correct amount of the           
         addition to tax must be calculated as part of the Rule 155                   
         computation.                                                                 
         To give effect to the foregoing,                                             


                                                 Decision will be entered             
                                            under Rule 155.                           



















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